Claim received, AOS sent today, now stressing

Umkomaas

Any tips on how to find that judgement online? Like, super-fast..?

Judgments don’t appear online. Some defendants purchase (expensive) transcripts and put them in the public domain - as some have on the Parking Prankster ‘Case Law’ and ‘More Case Law’ webpages.

ParkingStressie

Thanks, that's saved me a lot of time hunting.

Coupon-mad

ParkingStressie wrote: »

As it wasn't in my WS does that completely rule out mentioning it at the hearing?

No, anything goes in small claims. Say what you see about their lack of evidence. Challenge everything.

Write a crib sheet demolishing their evidence, to take with you as a starter.

apparently Section 62 of the Consumer Rights Act swung it

Hmmm...was it an over-excited post on Facebook? There's no transcript for court cases unless a person pays to get their transcript, otherwise it's all hearsay.

ParkingStressie

Thanks again Coupon. Writing up my summary sheet as I type, and adding the new stuff too. Just realised that because it's ANPR the NTK was sent outside the 14 day period too, no idea how I missed that first time around.

The consumer rights thing is straight from the horse's (defendant's) mouth and is pretty specific to this location: along the lines of 'the signs say strictly for the use of customers' of XX retail park, with a 60min max stay, but the nature of the business the defendant was visiting would make it impossible to remain within the terms of the contract (entertainment with no programme under 60 mins) therefore it's an unfair term.

Of course I have no idea if this was what actually clinched it or if that defendant just won the judge lottery that day. But it's interesting.

Snakes_Belly

Try and stay calm and good luck.

When this is over you may find a book called 'The Telomere Effect' useful.

Coupon-mad

along the lines of 'the signs say strictly for the use of customers' of XX retail park, with a 60min max stay, but the nature of the business the defendant was visiting would make it impossible to remain within the terms of the contract (entertainment with no programme under 60 mins) therefore it's an unfair term.

Very good specific argument.

Even though it's not in your evidence pack, take proof with you that the place has no programme under 60 mins. Clearly an unfair contract term.

ParkingStressie

Well that was unexpected. Somehow won.

A few headlines below, probably using the wrong legal terms but please bear with me.

I definitely won the Judge lottery for starters: he seemed very receptive to my arguments, and one of the first things he mentioned was how 'ridiculous' the 1hr maximum stay was considering the nature of the businesses it's designed for.

VCS sent an advocate who didn't have all the paperwork eg my WS and skeleton argument. Don't know why but she 'wanted a chat' in advance, during which I provided her with a copy. I also offered her sight of the evidence I discovered yesterday re: previous case citing the Consumer Rights Act and the new registration logging system in place at the venue. I know I didn't have the automatic right to introduce this, but the Judge allowed it despite her calls of ambush.

The Judge was particularly interested in the Consumer Rights/unfair term, and I do think that this was vital in this case. However, it's a very specific set of circumstances, and I doubt it would wash in many other overstay cases.

The Judge explicitly said it was 'grossly unfair' to have a maximum stay of 1hr unless VCS were expecting patrons to only be able to stay for half an event at this venue.

VCS did try to argue Law of Agency, which I countered and while the Judge didn't rule on this specific argument, when it was in discussion I very much got the impression he was not going to be swayed. He mentioned how he wouldn't expect his children to make him liable for parking charges every time they used his car. I took copies of Excel v Smith.

The signage - hmm, I'm not sure that without the unfair terms it would have still gone my way. He did look carefully at the signage and described the key elements (in this case the maximum term) as "only taking up perhaps 10% of the area of the sign" and "Not as clear as other examples" but in general was a bit non-committal.

So, a massive THANK YOU to everyone who commented and helped. 100% certain I'd have caved due to my anxiety levels hitting the roof without everyone's precise and knowledgable input.

Do I get a copy of the ruling automatically or do I need to ask for one?

ParkingStressie

Oh, and hilariously, considering that at every stage I've been panicking at the last minute and stopping up late to pull everything together, including asking for a postponement when my kids were ill which no-one expected to be granted but was, both advocate and Judge commented twice that I was well prepared! :rotfl:

This leaves me wondering what on earth other people turn up with!

Umkomaas

Very well done @Parking(no longer)Stressie, super job done. :T

Coupon-mad

Yay well done! You should get confirmation of the decision.

Did you get costs or didn't you ask for any?

ANOTHER ONE BITES THE DUST! :T